Die Rolle des Supreme Court in der Verfassungsentwicklung Indiens

Abstract

This paper tries to assess the specific role of the Supreme Court of India in the development of the Indian constitution and, hence, of the democracy of India. As a court of universal jurisdiction the Supreme Court of India has passed a number of remarkable judgements. This is demonstrated by the analysis of four topics: a) the power of the Supreme Court to issue writs for the enforcement of fundamental rights; b) the various proceedings in property rights cases; c) the basic structure-doctrine which states that the essential features of the constitution cannot be changed by Parliament, thus finally establishing the supremacy of the constitution over Parliament; d) the protection of fundamental rights and the introduction of the public interest litigation since 1977 as a means for groups of concerned citizens to counterbalance the inefficiency and passivity of the state apparatus through. With its judgements the Supreme Court has actively redefined its role as an independent and innovative constitutional body. It has thereby helped the constitution and especially the basic principles of equality and justice to become a matter of concern to all citizens of India.